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TOPIC: IS this a proper reason of statement from DM

IS this a proper reason of statement from DM
8 years 8 months ago #18569

letitia

-- avatar jph -->

Hi

Is this all they send you when you ask for a statement of decisions from the DM:-

Dear Mrs*****

This letter is about you.

I am writing in response to your request for an explanation of the decision on your claim for Disability Living Allowance.

A statement of the reasons for the decision follows. Having considered all the evidence and facts of your case I considered the following evidence, DLA250 customer claim pack dated 07/12/09, GP report dated 22/12/09 and a report from the doctor we sent to see you dated 11/02/10.

HELP WITH GETTING AROUND

From 02/03/10 you are no longer entitled to any rate of the Mobility Component. In his report dated 11/02/10 our doctor stated while you have slight impairment of you right ankle, knee, and spinal function on examination both knees were stable, and that there was good spinal movement and no evidence of muscle wasting of the lower limbs. the doctor observed you walk unaided at a slightly slower than normal pace but with symmetrical stride and steady balance and his opinion that you can walk in excess of 200 metres before having to stop due to severe pain. The doctor also stated there is no need for guidance or supervision when out of doors as he found you mentally alert and aware of dangers. Therefore as you are not unable or virtually unable to walk and you do not require guidance or supervision when out of doors you do not fulfil the criteria for any award of the Mobility Component.

HELP WITH PERSONAL CARE

From 02/03/10 you are no longer entitled to any rate of the Care Component. In his report dated 11/02/10 our doctor stated while you have slight impairment of your hands there was no swelling and that pincer movement and power in your hands, wrists and elbows is good. The doctor observed you rise from sitting smoothly and unaided, reach behind you to lift a blanket, walk on the level indoors and rise from lying and in his opinion you are can manage all aspects of daily living a little slower than normal and with some discomfort, that there is no evidence of prolonged or repeated attention required during the night and that your insight and awareness of dangers is good. Therefore as you have no care or supervision needs you are not entitled to any rate of the Care Component.

DISPUTE RIGHTS

If you disagree with this decision you can ask for your case to be looked at again .If so please contact us by 16/04/10. Alternatively you can for an appeal. This must be done in writing, state the reasons for appeal and reach us before 16/04/10.

I received letter today in regards to the complaint against the DM and EMP:-

Overall the information provided by your GP report including diagnoses, test results, treatment, and clinical findings, was considered insufficient to corroborate the level of functional ability indicated on the DLA250. As your GP in section 6a regarding the effects of disabling condition on day to day life in respect to your ability to self care your GP stated, “Details not recorded-would need to be assessed”.

He then goes on to say, with regards to the DM process, "I assure you that decisions made by the DLA are not arrived at lightly. The officers deciding entitlement have been specifically trained and attend regular training courses as well as having the support of full time medically qualified personal. These officers receive training on DLA legislation and how to apply it.

They also have online guidance (
www.dwp.gov.uk/medical/med
conditions/a-z.asp) that gives information on the likely effects that medical conditions have on a person’s care and mobility needs. They can, and do, call upon the Agency doctors to provide advice and carry out medical examinations where there is a need to gather further medical evidence or confirm information before any decision is made on the claim to benefit.

I will continue to personally monitor the outcome of the EMP complaint and should more information be requested , once completed and returned to DCS, I will ensure it is put before the DM without delay".

I have osteoporosis and had falls that have resulted in broken ankle, tibia, wrist and fingers. I also have osteoarthritis in all the joints mention above, COPD, chronic depression, IBS, and restless leg syndrome which all was confirmed by my GP and specialist nurses at my GP surgery as he has his own specialist clinics.

So where do I go from here? Please advise as I am at my wits end.

Leticia

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Re:IS this a proper reason of statement from DM
8 years 8 months ago #18576

We generally advise people not to ask for reasons for a decision prior to appealing a decision as they seldom contain any useful information and it simply slows down the process of appealing and makes deadlines harder to meet.

It looks like you are already outside the deadline for appealing the decision on your DLA.

If you still wish to appeal you need to download a copy of our guide to DLA appeals and download a GL24 appeal form and send in your appeal immediately, giving any reasons you can as to why you are late doing so.

The longer you delay, the less likely it is that a late appeal will be accepted.

Alternatively, you could phone the DWP tomorrow and ask them to look at the decision again. Again, you are outside the deadline but if they don't accept your request you may still be able to lodge a late appeal.

But whatever you do, you need to act promptly.

Good luck,

Steve

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re: IS this a proper reason of statement from DM
8 years 8 months ago #18580

kathy1

-- avatar jph -->

Hi Letitia,

Their letter to you states that your request for reconsideration/appeal must reach them by 16/4/10.
What date did you get your original decision on ?.

Did they send you a leaflet with a GL24 appeal form attached to it ?.

You only have one month from the date of your original decision in order to appeal, but I believe that if you request a statement of reasons, you have one month from the date they send you the SOR to return the GL24 to appeal.

From what I can see regarding the mobility, they say the EMP's opinion is that you can walk 200mtrs before severe pain and having to stop. Severe pain is not the test for mobility, it is "severe discomfort", which is a lesser degree of pain.

There is no mention in their SOR regarding any severe discomfort you would be experincing re COPD, breathlessness..........You abviously advised them on your claim form that you have breathing problems, breathlessness is classed as "severe discomfort" as well.

16/4/10 was Friday, so from what I can see, they are sticking with the date of their original refusal letter as the one month deadline to reconn/appeal.

I think you need to advise them on Monday that you intend to appeal and ask for a GL24. Explain that because you had written, you presumed that they would put your case on hold and the deadline of the 16/4/10 would be extended.

I think you definatly need to get face to face advice from CAB or welfare rights, but IMO, I think you would best going straight for appeal, they have to reconsider anyway, but requesting appeal cuts out the time wasting.

Today, have a look through the guides on here re applying for DLA, it will take you through the proceedure especially regarding the time limits between the refusal, asking for SOR and the time left to appeal, because I'm really not too sure myself about these exactly, I only know that according to mine, they said my appeal request was late, IMO it wasnt, and they accepted it.

Theres no point in me telling you not to worry, because I know how you feel. But you are going to have to be strong and fight for your rights.

Please please get yourself advice, and the best of luck.

Kathy x

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Re:IS this a proper reason of statement from DM
8 years 8 months ago #18587

Intriguing how much extrapolation their "doctor" appears to have done; just how many full days and nights are they resident with you....
Could shock and depression induced by such a report not constitute a valid contributory reason for having overshot their deadline?

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Re:IS this a proper reason of statement from DM
8 years 8 months ago #18595

letitia

-- avatar jph -->

hi steve, kathy, and timewarp,I have already put my appeal in on the 24/03/10 after receiving all my papers including this statement of reasons, and the EMP report , i have already instigated a formal complaint to the DLA on the DM decision +formal complaint to the medical service regarding the factualy incorrect report of the EMP .The DLA has suspended my appeal awaiting the decision from Medical Services ,sent the EMP complaint in on the 08/04/10 , and received letter stateing i would receive word within 10 working days ,so that should be 21 or 22/04/10, I was well in time with my appeal as an extra 14 days was added bringing the time limit to the 16/04/10 ,the DLA are not disputing my medical conditions or disabilities ,they are trying to say my GP on 6a of the report they sent him regarding the effects of the disabling conditions in day to day life in respect of your ability to self care ,your GB stated ,Details not recorded, would need to be assessed ,My ? is how many GPs ask how you manage on a day to day basis ,Plus i have had Three of thier EMPs visits over the past 12 years ,and the last one in 2003 i was awarded HRC + HRM indefinate award , I understand this can be looked at again, which has happened through the periodic review and totally reversed on the report of the last EMP visit , thanks all for you advice , PS my appeal was sent in time and thay have received it ,, letitia

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Re:IS this a proper reason of statement from DM
8 years 8 months ago #18600

kathy1

-- avatar jph -->

Hi Letitia,

Thank god for that, I though you missed your deadline, should have read your previous posts.

Anyway, very few GP,s know the in's and out's of the exact details of their patients care and mobility needs. And the DWP actually allow for this when they say on the factual report to your GP the words "if known".

They seem to be putting everyone through the mill to get this benefit now. a GP told me recently that they were trying to get 75% off the DLA. But when she seen what I showed her that the EMP wrote about one of my conditions she nearly put her pen through the paper to get her opinion on a report.

I truthfully think that they are going for those who have been on dla long term, and it appears that more and more every day are being forced to the tribunal.

It seems also that while in the past they were more inclined to accept GP opinions, they are more and more looking for Consultants opinions as well.

Occupational Health Assessments, and pain clinics are also big deciders it seems.

i will be going back to my tribunal in May, I have complained also about my EMP report, letter back to me didnt even answer my questions, DM futher submission as a result of EMP report clutching at straws IMO. So I will just let the tribunal decide, and I have almost finished my renewal for my LRC is up in May also.

I am sick to death of it all, sick of them constantly knocking back every single piece of evidence I have.

But I'l tell you something, they will be totally sick of me, because I am not going to give up until I get back what I rightly deserve, however long it takes.

Let us know re the EMP report dispute, that should be with you at lease by the end of next week.

Kathy x

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